Case Summary
In an effort to bring more competition to the park service
concessions bidding process, the Department of Interior
promulgated regulations that stated that National Park Service
concession agreements are not contracts within the meaning of the
Contract Disputes Act of 1978, 41 U.S.C. 601 et seq ("CDA").
Petitioner argued that these regulations, in effect, would
illegally take away their preferential right to renew contracts
that had existed for up to 30 years. The Court of Appeals for
the District of Columbia Circuit upheld the validity of the Park
Service regulations which effectively repealed preferential
rights of renewal. The opinion of the D.C. Circuit is found at
282 F.3d 818.